Previous H1B I94 (until Oct 10 2016) or I797 I94 (started on Oct 1st 2016 to 2018), which one will take precedence


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I had a H1B visa stamp from my employer until Sep 30 2016, so I filed for an extension in May 2016 and got an I-797 approval from Oct 1st 2016 to Sep 30 2018 with a I-94.

After my I-797 approval, because of emergency I went to India on Aug 2016 and came back on Sep 2016 on my previous H1B stamp, immigration DHS officer issued a new I-94 at port of entry based on my H1B stamp until Oct 10th 2016, and I do have I-797 approval on hand until Sep 2018 at that time.

Meanwhile, I have been to DMV to renewal my Driving License and DMV opened a case to verify my legal presence and send documents to USCIS for verification. Driving License queried USCIS for my legal presence on Sep 21st  2016, for that USCIS responded back requesting my I-797, I-94, passport copies from Driving license office and DMV sent all those details back on Oct 12th 2016 to USCIS again and USCIS confirmed my legal presence on Oct 26th 2016. 


1. Which I-94 will take the precedence, Port of entry I-94 or I-797 I94 ?

2. DMV office quered my legal status based on I-797 I94, USCIS confirmed back my legal status. By this, what I understood is my new H1B extension I94 will be active from Oct 1st 2016 and that will be my recent I94. correct me if im wrong.

help me out with your response. 

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That is absolute nonsense. The visa stamp is an entry document which lets you enter. The I94 is ALWAYS issued till H1 Petition expiry or passport expiry whichever is less.. Did you actually show the Officer the latest H1 petition or did you show him the previous one for whatever reason? If you want a DL, you should ask your companies Immigration team to get involved.

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  • 2 weeks later...

latest action will take precedence. If you got your new i-94(CBP) AFTER you received your new i797 then you you will be considered OUT OF STATUS.  Please take immediate action talking to your company attorney. You may have to go to stamping soon. Please do update your progress. 



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  • 2 months later...
On 11/21/2016 at 10:56 AM, Sri1929 said:

I have been to CBP officer, Officer said they can only issue the date of I94 based on the Visa stamp. They won't issue the I-94 based on I-797 approval and I think that makes sense.

I also have pre approved extension starting in Jun 2017 till June 2020 and valid stamping till Jun 2017 only. Planning to go to india in March.


What did you do to correct your I-94?

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